Legal

Legal Smackdown Over Illegal Law Designed to Make Illegal Immigrants Illegal

pO157.

Posted to Legal on Sat Aug 04, 2007 at 08:55:33 AM EST (promoted by port1080). RSS.

Small town Hazleton, PA found its notable immigration law package struck down by federal courts recently who ruled that they were attempting to take on a federal issue without proper authority and denying due process to city residents, both legal and illegal.

This started in 2006 when Hazleton, PA passed the  Illegal Immigration Relief Act among other laws (pdfs) which made English the official language and punished landlords who rented to illegals or businesses that hired them. The mayor cited an increase in violent crime, gangs, and drugs fueled by illegal immigrants along with the explosion in population from 2000 to 2006. Since then, Hazleton has found itself in the national spotlight as an example of a city trying to take matters into its own hands as significant debate rages on about alleged federal government inaction in the face of mounting illegal immigration.

The case has garnered significant national attention, with CNN TV personality Lou Dobbs even hosting a town forum style debate on immigration at the city. At least 100 other cities have passed Hazleton style immigration laws, and 1,200 are estimated to be in the pipeline. One sponsor of a similar law at the state level in Arizona predicted Hazleton's ordinance will be upheld on appeal and that he knew it would be dismissed at this level as the judge was "a liberal Clinton appointee."

Mayor Lou Barletta stated the city would appeal, declaring "Sadly, today's decision sends the wrong message to elected officials in Washington and elsewhere. We, the American people, want our cities secured, our borders protected and our citizenship respected. This battle is far from over."

Witold J. Walczak, the ACLU official who represented the plaintiffs in this case proudly declared, "This decision should be a blaring red stoplight for local officials thinking of copying Hazleton's misguided and unconstitutional law."

Tags: edited by Port1080, written by pO157, Hazleton, Lou Barletta, immigration, law, legal, enforcement, INS, ICE, politics, lawsuit, court, justice, ACLU, PA, Pennsylvania (all tags)

This story: 12 comments (1 from subqueue)
Post a Comment
1

Observations From Ground Zero

port1080.

Sat Aug 04, 2007 at 09:10:21 AM EST

5.00 (informative)

While I currently live in another state, I grew up only twenty miles from Hazelton and I know the area very well. I find the whole stink quite ironic, since Hazelton proper has been a quaint little shit hole for years, long predating the recent wave of immigration. The town grew up around coal mining, but the mines closed in the 1940s and 1950s. The area leaders got together and did a fairly smart thing - they developed a very successful business park (called CANDO - bad name choice, perhaps) which, combined with the town's strategic location at the intersection of Interstate 80 and Interstate 81, helped bring jobs back to the area. It was too late for the city proper, however. Most retail business moved out of town to the local mall, Wal-Mart opened up a SuperCenter a few years ago, and downtown Hazelton was dying a slow death. Since the business park was outside of town, most people working there tend to live in the suburbs or surrounding rural areas, where land is cheap and plentiful. The business park attracted Hispanic workers too, however, moving west from New York City looking for better (and cheaper) places to live that still had good jobs. Unlike their local compatriots, these migrants felt more comfortable living in an urban environment, so Hazelton had something of a renaissance in the downtown, and especially in the Hispanic areas. Still, rural redneckery persists strongly, and so the locals elected Barletta to "clean the 'spics out". This is doubly ironic, since most of those locals are from ethnic immigrant roots themselves and probably have family pasts either in heavily persecuted organized labor or in Italian organized crime (the mafia had deep roots in Hazelton for quite a while). The locals might say that it's about crime, but Hazelton was not a nice place to live in before the Hispanics came, and it hasn't gotten much better since the crackdown spurred a lot of them to leave (take, for example, the most recent double shooting - neither shooter nor victims were Hispanic, yet someone all the city's problems can be laid at the immigrant's feet). If the locals had been willing to embrace the immigrant community, they might have gone a long way towards rebuilding their town. As it is, Hazelton will simply continue its course as one of the area's many decaying industrial centers.

9

^ 1

Threadjack.

pO157.

Fri Aug 10, 2007 at 12:23:39 PM EST

none

take, for example, the most recent double shooting - neither shooter nor victims were Hispanic, yet someone all the city's problems can be laid at the immigrant's feet)

I can't wait until Foxnews starts blaring it that not only is the person allegedly responsible for the triple murder of college students in NJ an illegal alien from Peru but also had two previous indictment just this year for violent crime, with one being 31 counts including aggravated sexual assault of a child yet was apparently let out and then this happened.

10

^ 9

Re: Threadjack.

pO157.

Fri Aug 10, 2007 at 12:28:29 PM EST

none

Nope. It is apparently already front page over there. 5 year olds, dude. Oddly enough not on Lou Dobbs.

11

^ 9

Re: Threadjack.

port1080.

Fri Aug 10, 2007 at 10:43:07 PM EST

none

Well, this is certainly a massive ICE fuckup, anyway. My question, though, is if they can't even enforce the laws already on the books, what makes anyone think that passing stronger laws will do any good? (That's what NRA folks say about gun laws, anyway, so I figure it should apply to immigration law too...).

2

Re: Legal Smackdown Over Illegal Law Designed to M

pO157.

Mon Aug 06, 2007 at 09:19:29 AM EST

none

I can see where Mayor Barletta and leaders in similar positions across the country are coming from on this. They are getting screwed with the costs of illegal immigration (although probably not to the extent that he claims, such as all of the violent crime is the result of illegals) and want to do something about it. However, I really do not think a patchwork of town laws is the right way to go about resolving this issue. This really needs to be addressed at a higher level.

The federal government has turned a blind eye to illegal immigration for too long. Had they taken the proper preventative measures ages ago this would not be the case. However, it is easier to ignore the problem and then periodically grant "amnesty" or "guest worker" status then do anything to actually provide long-term solutions. Hell, if you can wangle a new lifetime voting bloc for your party by creating a whole new group of citizens from the "amnesty" then that is just a bonus, isn't it?

3

^ 2

Re: Legal Smackdown Over Illegal Law Designed to M

MayorBob.

Mon Aug 06, 2007 at 12:39:28 PM EST

none

The reality of the matter is that nothing will be done by Congress until after the next presidential election.  So, means a year and a half of inaction and inattention to this problem.  Nothing will be proposed by Bush to change the immigration laws either, as he's not going to waste any effort on any program which doesn't keep up the current course in Iraq.

It wouldn't surprise me in the least to have this case go up on appeal to the Court of Appeals and the Supreme Court and have more conservative legal minds have a whack at overturning it.

Illegitimi non carborundum.

4

^ 3

Re: Legal Smackdown Over Illegal Law Designed to M

pO157.

Mon Aug 06, 2007 at 01:16:04 PM EST

none

It wouldn't surprise me in the least to have this case go up on appeal to the Court of Appeals and the Supreme Court and have more conservative legal minds have a whack at overturning it.

I agree. I also wonder about the Arizona law I mentioned in the writeup but didn't really elaborate on. Would that have a better chance since it is being done at the state level than some random backwater city [Hazleton]? Also, Arizona can easily make a good case for actual severe damages being caused by illegals. I have been told by a former AZ teacher that a ton of the children in public schools in Phoenix/Tucson are illegal, get public services & free lunch, have fake names/IDs, and slip in and out of classes down there with no real follow up or anything.

5

^ 4

Re: Legal Smackdown Over Illegal Law Designed to M

MayorBob.

Mon Aug 06, 2007 at 04:31:10 PM EST

4.00 (informative)

Not just Arizona, and various and sundry cities, but any number of other states are jumping into the void left by federal inaction.  Arkansas will penalize businesses hiring illegals and Louisiana will restrict issuance of driver licenses to illegals.  According to the story, 41 states decided to pass new laws.  All of which leads to a crazy quilt of state and local statutes trying to do what the federal government is turning a blind eye to.  Maybe all this law writing and prospective enforcement could be called some sort of full employment act for lawyers.

 

Illegitimi non carborundum.

6

^ 5

Re: Legal Smackdown Over Illegal Law Designed to M

pO157.

Mon Aug 06, 2007 at 05:09:57 PM EST

none

It is not really that difficult, as many states and localities have figured out. Just pass a law at the federal level treating employers who repeatedly hire illegals the same as, oh I don't know, say... marijuana growers and the problem will be solved. No need for mass deportations just deputize locals to be able to detain illegal immigrants they come across in traffic stops and other investigations. Deport everybody they catch on a thursday. Eventually the glitch will get fixed.

A 12' fence may help and will look good to constituents, but it isn't going to solve the problem and probably won't even be funded after that fancy Rose Garden bill signing.

No jobs = no reason to come here, and no illegal immigrants dying in the Arizona or New Mexico heat.

7

^ 6

let's not lose sight of the big picture after all

thefadd.

Mon Aug 06, 2007 at 05:25:49 PM EST

none

could we pass a law treating marijuana growers the same as those who repeatedly hire undocumented workers instead? I think that would make the world a much better place.

No jobs = no reason to come here, and no illegal immigrants dying in the Arizona or New Mexico heat.

How do you propose to fill those jobs, then? Just because states are screwing up doesn't mean the us congress needs to jump in.

It is easy to buy small plaster models of what you think life is like.

8

^ 7

Re: let's not lose sight of the big picture after

pO157.

Mon Aug 06, 2007 at 08:21:03 PM EST

none

could we pass a law treating marijuana growers the same as those who repeatedly hire undocumented workers instead? I think that would make the world a much better place.

Brilliant!

How do you propose to fill those jobs, then? Just because states are screwing up doesn't mean the us congress needs to jump in.

Labor prices rise, and the problem is solved.

12

Re: Legal Smackdown Over Illegal Law Designed to M

DanCheek.

Wed Apr 16, 2008 at 11:47:39 AM EST

none

Despite his popularity in his hometown of Hazelton, Lou Barletta faces an uphill fight to win the Congressional race for the 11th Congressional District.

On my website, http://www.StopLouBarletta.com, I expalin exactly why I think Lou Barletta should NOT be elected to the United States Congress.

This story: 12 comments (1 from subqueue)
Post a Comment